2014 Annual Convention. Traffic Law/OVI Update

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2014 Annual Convention

Traffic Law/OVI Update

Traffic Law Committee

1.5 General CLE Hours

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Contributors

Cleve M. Johnson

Attorney at Law Columbus, Ohio

Mr. Johnson received his BA from The Ohio State University and his JD from Capital University Law School. His professional memberships include the National College for DUI Defense, Ohio Association of Criminal Defense Lawyers, Ohio State Bar Association (Chair, Traffic Law Committee), Columbus Bar Association, Central Ohio Association of Criminal Defense Lawyers, Governor’s Task Force on Impaired Driving, and Ohio Criminal Sentencing Commission (Traffic Subcommittee). Mr. Johnson has been a criminal defense attorney since 1979 and is a frequent contributor to legal education seminars on topics relating to OVI and traffic law. He frequently testifies before committees of Ohio legislature and is certified to operate, calibrate, and perform diagnostic verification on a DataMaster breath-testing machine. For additional information, please visit www.clevejohnson.com.

Jon J. Saia Saia and Piatt PLL Columbus, Ohio

Mr. Saia received his BA from King’s College and his JD from Capital University Law School. His professional memberships include the Ohio Association of Criminal Defense Lawyers, National College of DUI Defense, National Association of Criminal Defense Lawyers, Ohio State Bar Association, Columbus Bar Association, Delaware County Bar Association, and Central Ohio Association of Criminal Defense Lawyers. Mr. Saia focuses his practice in OVI defense and has more than 26 years of experience in that field. Beyond representing individuals charged with OVI, Mr. Saia also provides consultation and expert testimony on the issue of field sobriety testing and is often consulted by colleagues with regard to breath testing issues. The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) have certified him as an Instructor in DUI Detection and Standardized Field Sobriety Testing. In addition, National Patent Analytical Systems, Inc. has certified Mr. Saia in the operation, diagnostic verification, and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most

commonly used breath testing instrument in Ohio. Recently, he completed training in the operation of the Intoxilyzer 8000 Breath Alcohol Testing Instrument. With blood alcohol testing becoming more prevalent in Ohio, Mr. Saia completed a course in gas chromatography and metrology in order to better defend his clients. He also has completed the NHTSA and IACP sponsored Drug Evaluation and Classification Program in light of Ohio’s relatively new Driving Under the Influence of Drugs (DUID) laws. In addition to speaking at seminars, Mr. Saia participates in approximately 40 hours per year of continuing legal education, both locally and nationally, regarding DUI defense. For additional information, please visit www.splaws.com.

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Winning OVI Cases • i

Chapter 1:

Winning OVI Cases When the

Deck Is Stacked Against You

Cleve M. Johnson Attorney at Law Columbus, Ohio

Chapter 2:

2014 Traffic Law Update

Chapter 2:

2014 Traffic Law Update

I. Supreme Court of the United States

Missouri v. McNeely, 133 S. Ct. 832 (2013).

Warrant needed to withdraw blood of OVI/DUI suspect.

II. U.S. District Court, Southern District of Ohio

Knapke v. Hummer, Case No. 2:10-CV-485.

Defense counsel should have been permitted to cross-examine testing officer regarding diagnostic checks on breath testing instrument.

III. Supreme Court of Ohio

State v. Pariag, 2013-Ohio-4010.

Trial Court precluded from sealing record on dismissed charges if dismissed charges resulted in connection with same act for which Defendant convicted.

IV. Ohio Appellate Courts

A. State v. Bode, 2013-Ohio-2134 (5th_Dist.).

Juvenile OVI “convictions” can be used to entice OVI’s after reaching age of majority.

B. State v. Hupp, 2013-Ohio-1684 (5th_Dist.).

Citizen tip requires independent investigation to corroborate tip.

C. State v. Cross, 2014-Ohio-1046 (4th_Dist.).

Hot pursuit into home requirements: 1. Officers must identify themselves. 2. Officers must be in “hot pursuit.”

3. Suspect needs to have fled into home to avoid arrest.

D. City of Parma v. Schoonoser, 2014-Ohio-400 (8th_Dist.)

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2.2 • Traffic Law/OVI Update

E. State v. Brown, 2013-Ohio-5351 (6th_Dist.).

Township’s officers stop outside township limits violates Ohio Constitution.

F. City of Akron v. Turner, 2013-Ohio-4578 (9th_Dist.).

Time for appeal of trial court’s decision on ALS Appeal begins to run at time of trial court’s decision on ALS Appeal and not upon resolution of OVI charge.

G. Middleburg Heights v. Gettings, 2013-Ohio-3536 (8th_Dist.).

SFST’s suppressed.

1. No evidence of proper instruction or standards for HGN. 2. State failed to admit manual.

3. State failed to question officer regarding training.

4. Officer failed to take defendant’s knee problems into consideration.

H. Cincinnati v. Ilg, 2013-Ohio-2191 (1st_Dist.).

Failure of State to provide COBRA data for Intoxilyzer 8000 resulted in suppression of breath alcohol test.

I. State v. Marcum, 2013-Ohio-2652 (5th_Dist.).

Marked lanes violation requires driver to travel completely over the lines touching or driving on the line does not justify a stop.

V. Trial Court Decisions

State v. Lancaster, Marietta Municipal Court, Case No. 12 TRC 1615.

Intoxilyzer 8000 breath alcohol testing instrument is unreliable and test results must be suppressed.

VI. Traffic Rule 3

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2014 Traffic Law Update • 2.3

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2014 Annual Convention. Traffic Law/OVI Update